Arizona weekly citizen., 1887-06-25
Colin Cameron.

ys.
 Colin Cameron.
 Ihis ls civil suIt In which plalutil alleges that defendent has un!awsuiiy en-
 closed portion ot the public lands. in violation of Sections One and Two of the
 gcT entitled "An act to prevent uniaw- tli occupancy ot the public lands" Ap- | proved February 25Ih, 1885.
 The defendant admits the consiruc- ton ot IA fence at the place alleged. but denies that the lands enclosed are public | lands, and alleges that they are wi:h- In the boundaries Of the private lsnd ciaim, San Rafael de Ia Zsnja, a Mexican ! grant, which has been filed with th5 Surveyor General Of Arizona, as Is pro- | yldGd for in Sec. S of :he Act of July l 22nd, 1851. entitled "An act to establish the offices of surveyor general of New
 Mexico, etc, etc"
 That section provides that it shall be
 the duty of the Surveyor General, under
 such instructions as may be given by ! the Secretary of the Interior, To Rscer- ! tain inc origin, nature. character and ex- tent Of all claims to lands under the laws, usuGges and customs of SpsIn and
 MexIco; and for this purpose may issue
 notices. summon witnesses. administer
 oaths, and do. and perform al other
 necessary acts n the premises.
 He shall make R full repOrt on ali such claims. etc, etc, denoting the various grades of tIt.e. Eith his deciHion
 as to ihs validity Or inyalitity ot each
 of the same, under the laws, ususges and
 customs of the country before its session.
 atc.. etc. Which report shall be laid | before Congress for such RcuOn thereon
 as may be deemed just and proper with
 a view to confirm bona fife grants aud
 give full effec; to tha treaty, etc. (Gug- | daloupe Hidalgo and the Gssiea lur-
 chase.) And uotll ths fiaal action of | Congress o3 such claims. all lands GOV l cred thereby shall be reserved from sale | JE otker disposal by the government, In the petition the claimants urged or laid claim to about sixteen square
 leagues, or about ll7.U0J acres If lands As evidsucs thereof they filed wiiL | their petition title papers called ar ! "Expejienie.' The Surveyor General reported that the clam was valid and that the amount Of land conveyed WAS | four square lesgues, three iu liae north t aud south, and one to the west of the southern square lesguc. His rcpOr. Was I lasl brluft SoLk-teS hAHAc AAc Fnutt
 awaits action,
 l. k insisted that the report of the | Surveyor General i- not competent
 evidence for any purpose. The Act | of 1851, supra. reserves from sale or otber disposal by the government all | lands covered thereby" and. with great | ability, the argument ls made that lands so reserved are no longer public lhuds. The frs, question 10 bs answered, Is what lands are reserved by tue Act | Lands included ID the petition of claim ants. no matter to what extent, Lands | that by the report of the Surveyor Gen | erai are sscertaiusd .o be within the sN- | tent of tho grant? Or lands which are by the Cour. determined to De within | the Grant?
 |; is conceded m this case thst fence was erected within the lands claimed Il ! the petition, That 1t :S outside of the | lands reported to hsye been granted by the Surveyor General and oIt-ide of nls | preliminary survey.
 The Acs of February JJ.a, lS~5. winch | makes unlawful ~ali eurl 'sn-es of puu5s l lands. etc." csu not be held so fal! to uFt-- | a.e upon lands the moment they are re- served from sale. The power Go rrserva l lands rom HalG Alt5 WAslA N.-I tAGaaAsafA Y | department to execute.
 Lands once public lands are DO less nuhlie lands after they are reserved from safe" To fold to the e. .~sry | with reference to this oct wOuld b. t0 | hold that pending tls det5s miuatInn by | Congress as to these grants, the claim ants may fence up tbeIr entire ciaiu, | change the character Of their possession
 and de fantly await Congressional action. The object of the Ac; Of 1851 was evi- | den,ly to preserve the s'atu quo pending tbe settlement of the claim. prevent hs far gs possible other rights to intervene | and Tn case of decision favorable tO
 claimants, .o prevent the injury ot In- uooept settlers, It Is true hs stated ln
 Sswhall vs. Langer (92 U. 5. 163) that
 ,he words public lands, are h6bltuaily i usad 10 describe such as are subject tC
 ssle or other disposal under general
 laws. The Court held they were SD used in that case, properly, We cannot concur with the very able argument of | con1seI that, that IS the sole use of the
 term. Nor that 1t is the Use of the term Tn the Act of lsS3.
 |. The claimant under grant aconired no higher, brogler or |
 Act simply afforded hIm a tribunal and
 n nrocedure to enforce hIs rIghts.undel ina Urant. IL did not give him righ.
 fin fence he did not have before, nor does | tba Act of 1885 confer any TIgh: tC
 fence. It prohibits the enclosure ot the DntJic lands. In Ryan V. Ry Co, 9J U. S. 3SS. thu Court says, that lands em | brac.5 in such a claim (MeXlcau grant ! 4 F-- n-F ..H olr public domain, only al The clam
 conveying them has been iullly relected
 Bnt what Is the claImg l. II inc petition
 O, the claimant: II so thls fence i'
 within what he claims. II the peilioi mark the limits uf the claim then We
 are led to the absurd conclusion, thaf un der A valid title for lew acres c'6in
 ant in his petition may insist upon vAsI domain. DO matter how "l1e, Eni a' once fence 1t up, eXclGde everybody cleo
 from it and retain the uses and psoais of II until CoDgreFs shah act. Ao ont
 can contend for moment Tor such q construction of Acts ot loJi anu lsaJ,
 With every claim filed with the surveyor General. are filed the 'Itle papers upor
 which the claim is based, as part oi it
 and tbe lands therein described a, ] gran.ed thereby are lIc lauAS NIi 'NS
 in the clam. This brings nie necessarily
 to a consideration of these utle papers
 and forces the Court to n consirueiioT
 of the same, to see what lands ar'
 o.tnaIly granted. Lands granted ar,
 not public lands; lands clearly not
 granted are public lands within the Ac'
 of 1885.
 These title papers, or the expediente
 ss tbey are called, are Tn substance a'
 follows. translated: Title ot graft o
 afonr square leagues (SI;iOs esnadI
 mmayon located at lcomprendldos tha place named the San Rafae .de ia Zanjs, In the Jurisdictioi
 "of santa Cruz, issued m tsyo
 ..of D. R Romero and other citizens o ..Sants Cruz. Riesgo. Comisari0 ot th' .treasury, etc, Of State o' the West. "WHFRRAs. Art. Sl, ol the orllr anee. .of t5e Intendentes of Dee. I;h. lIs6
 .conferred upon these officers, admiai- .,rstion of messuremerts. revenues an' ..Irauting ot lands in their districts a a1ollows." Here follows the oriinsnc ,rb,ch makes these officers judges oi ta .s,,ses which arise n relation to sale
 M